Tuesday, March 18, 2014

Virginia Lawyers Immigration Removal Cancellation

Virginia Lawyers Immigration Removal Cancellation

If you are facing immigration case in Virginia, contact our law firm for help. 

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Hansel v. United States

Facts:

            Petitioner alien, a lawful permanent resident of the United States, sought discretionary cancellation of removal after his felony conviction in state court for possession of drugs. The alien petitioned for review of the decision of the Board of Immigration Appeals which held that the alien was statutorily ineligible for cancellation of removal because he was convicted of the aggravated felony of a drug trafficking crime.

            If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

            The Virginia Court made the following holding:

  • Possession of methamphetamine is punishable under the federal Controlled Substances Act with imprisonment of not more than one year, 21 U.S.C.S. § 844(a), and thus is not a felony under federal law.
  • The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 divests courts of jurisdiction to review an order of removal against aliens removable for having committed an aggravated felony. 8 U.S.C.S. § 1252(a)(2)(C). However, courts retain jurisdiction to determine jurisdiction, which includes determining whether a particular offense constitutes an aggravated felony for immigration purposes.
  • A lawful permanent resident is eligible for discretionary cancellation of removal if he: (1) has been lawfully admitted for permanent residence for not less than five years; (2) has resided in the United States continuously for seven years after having been admitted in any status; and (3) has not been convicted of any aggravated felony. 8 U.S.C.S. § 1229b(a).
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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